N.Y. court dismisses charge for swearing at officer

Updated 9:34 pm, Thursday, February 7, 2013

ALBANY — New York's highest court on Thursday dismissed a disorderly conduct charge against a Rochester man who swore twice at a police officer, concluding the verbal exchange didn't threaten the public peace.

Police said the "abusive statements" by Trevis D. Baker, who also accused the officer of harassing his girlfriend, led to his 2006 arrest by the officer and later discovery of 25 bags of crack cocaine.

The Court of Appeals, ruling unanimously, concluded the initial arrest was invalid, so the cocaine must be thrown out as evidence.

The court also threw out Baker's guilty plea to the related drug charge and a separate assault charge from a previous altercation with police. That plea deal was for a concurrent six-year prison sentence, which Baker, now 35, began serving almost six years ago.